breach of the accepted standard (Texas) · Go Syfert
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breach of the accepted standard in Texas

11 Texas opinions name it 2 courts 1994–2010 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Sorokolit v. Rhodesgreen
tex · 1994 · cited in 10 Texas opinions naming this issue, 1994–2010
2 sentences

1998The court concluded that although article 4590i “does preclude DTPA suits founded on a breach of the accepted standard of medical *752 care,” it “does not preclude suits under the DTPA for knowing misrepresentation or breach of express warranty in cases in which a physician or health care provider warrants a particular result.” Id. at 243 .

1994Despite contrary evidence of the legislature's general and specific purposes, the court concludes "that section 12.01(a) only precludes a DTPA suit against a physician for negligence—that is, a suit founded on a breach of the accepted standard of medical care." 889 S.W.2d at 242 .

510
Savage v. Psychiatric Institute of Bedford, Inc.green
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility).

11
Hart v. Wrightgreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility).

11
Monsanto Co. v. Cornerstones Municipal Utility Districtgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994ANN. art. 4590i, § 1.03(b) (Vernon Supp.1994) (requiring that any legal term not defined in the statute be given its common law mean ing); Monsanto, 865 S.W.2d at 939-940 (using the common law to determine the ordinary meaning of an undefined term), treating it as a breach of the accepted standard of medical care that proximately causes damages.

1994ANN. art. 4590i, § 1.03(b) (Vernon Supp.1994) (requiring that any legal term not defined in the statute be given its common law meaning); *242 Monsanto, 865 S.W.2d at 939-940 (using the common law to determine the ordinary meaning of an undefined term), treating it as a breach of the accepted standard of medical care that proximately causes damages.

11
Chapman v. Paul R. Wilson, Jr., D.D.S., Inc.green
texapp · 1992 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied).

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied).

11
Peterson v. Shieldsgreen
tex · 1983 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied).

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied).

11
Hood v. Phillipsgreen
tex · 1977 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex.App. — Austin 1992, writ denied).

1994See, e.g., Peterson v. Shields, 652 S.W.2d 929, 930 (Tex.1983); Hood v. Phillips, 554 S.W.2d 160, 164-66 (Tex.1977); Chapman v. Wilson, 826 S.W.2d 214, 219 (Tex. App.—Austin 1992, writ denied).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Gormley v. Stover green
tex · 1995
2 sentences

2010Gormley, 907 S.W.2d at 450 ; Sorokolit, 889 S.W.2d at 242 .

2002Gormley , 907 S.W.2d at 450 ; Hart , 16 S.W.3d at 877-78 (assertion of fraud and breach of fiduciary duty stemming from alleged non-disclosure of status of emergency room physicians were "simply . . . claim[s] resulting from a breach of the accepted standard of care," and as such were health care liability claims subject to the Act); Savage v. Psychiatric Inst. , 965 S.W.2d 745, 751 (Tex. App.-Fort Worth 1998, pet. denied) (alleged fraud claim was really health care liability claim because it arose from care received at medical facility).

22002–2010
Government Personnel Mutual Life Insurance v. Wear green
tex · 1952
2 sentences

1994Id. at 528-529 . 4 Accordingly, we conclude that section 12.01(a) only precludes a DTPA suit against a physician for negligence — that is, a suit founded on a breach of the accepted standard of medical care.

1994Id. at 528-529 . [4] Accordingly, we conclude that section 12.01(a) only precludes a DTPA suit against a physician for negligence —that is, a suit founded on a breach of the accepted standard of medical care.

11994–1994

Where else courts name it

TX 11 (1994–2010) NV 4 (2023–2024) WA 2 (2004–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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